The Nonessential Products Ban

Section 610 of the Clean
Air Act (the Act) prohibits the sale, distribution, or offer for sale or
distribution in interstate commerce, of certain nonessential products
containing chlorofluorocarbons (CFCs)
which are listed as class I substances,
and hydrochlorofluorocarbons (HCFCs)
which are listed as class II
substances. The Environmental Protection Agency has issued regulations that
implement this Congressionally-mandated ban on the sale and distribution of
certain nonessential products.

EPA first promulgated regulations implementing this ban, including
establishing exemptions to the ban, on January 15, 1993 (58 FR 4768), and on December
30 1993 (58 FR 69638, 58 FR 69672). EPA
subsequently amended the class II ban to permit the use of HCFCs as fire
extinguishants in portable fire extinguishers for non-residential
applications (December 4, 1996,
61 FR 64424). In 2001, EPA published a rule that, among other things,
reconsidered the previous exceptions to the class I Nonessential Products Ban
(November 15, 2001;
66
FR 57512).

Nonessential Products

All aerosol products, pressurized dispensers and foam products containing,
or manufactured with, CFCs and HCFCs -- except those specifically exempted by
the regulations and those that are listed as essential medical devices by the
Food and Drug Administration, at
21
CFR 2.125(e) -- are banned from sale and distribution in interstate
commerce in the United States. Banned products cannot be incorporated into
larger products (e.g. packaging material). In 2001, EPA also banned
air-conditioning and refrigeration appliances that contain a class I
substance (66
FR 57512).

Interstate Commerce

The term "interstate commerce" in section 610 refers to the product's
entire distribution chain up to and including the point of sale to the
ultimate consumer. Both the import of any product for sale or distribution
within the United States, and/or the sale or distribution of any products
intended for ultimate export from the United States, are acts of interstate
commerce and accordingly, are affected by the nonessential products bans.

Grandfathering

Class I Ban:

At the time the class I (or CFC) ban was promulgated, EPA provided a
one-year sell-through for products that are considered nonessential and
release CFCs during manufacture, use, or disposal. This sell-through
expired on January 17, 1994.

Banned replacement parts that contain or are manufactured with CFCs or
are packaged in material that contain or are manufactured with CFCs, for
use in a single model of a product, where the part and the product are no
longer manufactured, and where the part was placed into initial inventory
prior to April 16, 1992, may continue to be sold and distributed. In most
cases these parts are for use in durable goods (e.g. replacement parts
for a 1990 automobile).

Class II Ban:

Banned products that contain or are manufactured with HCFCs, and were
placed into initial inventory by the manufacturer by December 31, 1993,
can continue to be sold and distributed, or offered for sale or
distribution, in interstate commerce.

A temporary exemption exists for banned HCFC-products that require
federal approval for the reformulations (such as pesticides requiring
registrations). In order to qualify for this exemption, applications to
all appropriate federal agencies were due by January 1, 1994.

A temporary exemption exists for integral skin foam products
manufactured with HCFCs used to meet federal automotive safety standards
where the products were placed into initial inventory prior to January 1,
1996.

Verification Documents

To continue selling or distributing grandfathered products the
manufacturer or distributor must be able to show, upon request by EPA, that
the products were in fact manufactured and thus placed into initial inventory
by the appropriate allowable dates. EPA does not specify the particular type
of documentation that verifies that a product meets the requirements for
grandfathering. EPA suggests the use of shipping forms, lot numbers,
manufacture date stamps, invoices, or the like, to identify the date the
product was placed into initial inventory.

Other than the products listed below, all aerosol, pressurized dispensers,
and foam products that contain or are manufactured with CFCs, or HCFCs are
banned. Certain products, including party streamers and noise horns were
specifically banned by the Clean Air Act Amendments of 1990, effective February
16, 1993. Cleaning fluids for specific applications that contain CFCs are also
banned. Certain products were, however, eligible for grandfathering. In
addition, air-conditioning and refrigeration appliances that use class I
substances as the refrigerant are banned.

Cleaning fluids for electronic and photographic equipment are
exempt for commercial sale/distribution only; seller must verify that
the purchaser represents a commercial entity and post a sign
regarding the restriction

Mold release agents containing CFCs and HCFCs as
solvents

None

Mold release agents containing HCFC-22 as a
propellant

For use where no alternative, including an alternative formulation,
is available; seller must notify purchaser about the restriction